It is tempting, when unjustly charged with something at work, to refuse the employer’s instructions. We need to resist such temptations. The boss remains the boss until replaced by a bigger boss or by a judge. An employee at San Antonio Independent School District may learn this lesson the hard way. Leticia Rivera worked for
Discrimination
Deputy Who Arrested Mel Gibson Settles Discrimination Case
In 2006, Mel Gibson ranted and raved when a Los Angeles County deputy stopped the actor for drunk driving. Mr. Gibson infamously accused the deputy, James Mee, of being Jewish. Turns out, the actor was correct. Deputy Mee is Jewish. The actor sputtered other anti-Jewish diatribes. "The Jews are responsible for all the wars in…
Lactation not Related to Pregnancy, Says Federal Judge
In a remarkable decision, U.S. District Judge Lynn Hughes has ruled that lactation, or breast feeding is not related to pregnancy. See Washington Post blog. The EEOC had filed a lawsuit on behalf of Donnicia Venters, a female employee of a debt collection firm in Houston, Texas. The employee had discussed with her employer…
EEOC Filings Rise
Filing charges of EEOC complaints has reached an all-time high. Though just a small increase over 2010, the filings reflect the state of the economy. Filings generally rise when the economy worsens. That is due, I believe, to employers taking advantage of the economic "cover" to get rid of employees and more terminations simply cause…
Federal Judge Finds 20 lb Restriction to be a Substantial Limitation
Judge Montalvo issued a decision for the Western District of Texas regarding the Americans with Disabilities act. In Molina v. DSI Renal Inc., 2012 WL 29348 (W.D.Tex. 1/4/12) the court deneid the employer’s motion for summary judgment. The case was filed under the Texas Commission on Human Rights act, but the court interpreted based on…
US Supreme Court Addresses Ministerial Exception
The U.S. Supreme Court has issued a decision regarding the ministerial exception to Title VII. Title VII of the Civil Rights act of 1964 prohibits discrimination. But, for decades, courts have excepted religious institutions from Title VII. Based on the First Amendment, all circuit courts have recognized that a religious institution may discriminate based on…
11th Circuit Finally Recognizes Perjorative Term
Use of the term "boy" to refer to adult African American men is usually thought to constitute some degree of racism. Yet, the 11th Circuit Court of Appeals has struggled with a case in which that term was used. The case is known as Ash v. Tyson Foods, Inc. It has been to the 11th…
Avoid Trouble at Holiday Parties
I first posted this a year ago. But, this advice always applies at this time of year, when we all attend holiday parties. Many times, bad conduct at office parties contributes to sex harassment lawsuits. For example, telling a female subordinate that you admire her breasts can be good evidence of sex harassment. See Dan…
Trustee and Former Employee Sues Southside ISD
Its a crazy way to run a lawsuit. Alma Rosa Guzman was fired by the Southside Independent School District in November, 2010. She filed a complaint with the Equal Employment Opportunity Commission. In May, 2011, she was elected to the Board of Trustees for Southside ISD. Now, she has received her right-to-sue letter and yes…
Women Do Ask
According to a recent article in Psychology Today, women do ask for raises and promotions in numbers equal to or greater than men. It has become accepted among some social scientists that women ask less than men. The thinking has been that women are still paid less than men in most jobs, because many women…